Evidence of Contempt – More than Hearsay
Evidence of Contempt – More than Hearsay Continue Reading »
Courts, Credibility, Estate Litigation, Family Conflict, Fiduciary Professions, Liability, Passing Of Trustees’ and Executors’ Accounts, TrustsApril 2022
Developing An Ontario Specific Dementia Strategy
Fact: -one in three adults over age 85 will develop dementia -260,000 Ontarians currently live with dementia – most people living with dementia ( like all of us) prefer to remain in their community and out of long term care homes -Supporting aging in place (for all Canadians) will reduce shortages in LTC and hospitals – “In 2020, the province estimated that the cost to provide home and community care….
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Elder CareTil’ Death Do Us Part? The Impact of Marriage on Estate Planning
This Blog was written by: Alicia Mossington (Godin), Estate and Trust Consultant, Scotia Wealth Management My colleagues have written several recent articles on capacity. “Capacity” is an interesting area of law and the test for capacity differs radically depending on the subject and setting. Testamentary capacity or capacity to make a Will, is different then capacity to make personal care decisions which, in turn, is different then capacity to marry. Historically….
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UncategorizedWhen Does a Class of Beneficiaries Close?
“To my grandchildren…” Sometimes, a testator will leave testamentary gifts to an undefined class of people, rather than to beneficiaries by name. Gifts might be left to “my children” or “my grandchildren” or even “the children of my niece” without any further specifications in the will[1]. This practice raises a question. Who are the precise members of this type of undefined class? Is the testator referring to people who fit….
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Estate Administration, Estate Litigation, Estate PlanningAre Domestic Contracts Becoming More Popular?
When I explain to people whom I’m meeting for the first time that I’m a lawyer and that among my areas of practice I draft domestic contracts, I’m often met with a response to the effect of “You mean, like, a pre-nup?” I can confirm that a “pre-nup” is, in fact, what I mean. In Ontario, they’re called domestic contracts, and they can take one of two forms: marriage contracts,….
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Contracts, Dependant Support, Estate Planning, Family Conflict, Separation, SpouseInbox (1): My Last Will and Testament
This blog was written by Adam Settecase We are living in the hyper-digital age. As a result of the COVID-19 pandemic, the formalities for executing wills have been modified in many jurisdictions to allow for virtual witnessing via videoconference. An attestation by a witness who is not even remotely in the same location as the testator would have been unthinkable as recently as two years ago. The Barreau du Québec….
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